Chapter 02 - Industrial Park Commission
The rules in this chapter shall govern all internal procedures of the industrial park commission (hereinafter called the "commission") established by General Memorandum 15-75, regarding the direction and management of the American Samoa Industrial Park (hereinafter called the "park") located at Tafuna, Tutuila, American Samoa, and shall establish guidelines for all dealings with tenants, the public, and other branches of government.
The rule codified in this chapter is issued pursuant to the authority granted the industrial park commission under 4.1002 ASCA.
The financial affairs of the park and the commission shall be established and maintained in an Enterprise Fund within the ASG financial management system (hereinafter called the "fund") regarding all revenues and disbursements. The treasurer shall maintain the accounts as Fund 435 and shall maintain proper records of expenditures charged to MACC 740357. He shall also render advice and assistance regarding matters pertaining to the fund.
The attorney general of American Samoa shall render legal advice and assistance to the commission. When a formal opinion on any matter is sought, a written request should normally be submitted by the chairman at least 2 weeks before the opinion is required.
(a) Members of the commission shall be the directors, respectively, of the office of development planning, office of material management, department of public works, department of agriculture and office of industrial development, the treasurer, attorney general, president of the development bank of American Samoa, and 2 members of the Legislature. The president of the Senate and speaker of the House of Representatives shall each select 1 member of the Legislature.
(b) The chairman shall be elected from and by the members every 2 years, on the odd year, at the July meeting or the meeting next following the month of July. The chairman shall vote only in the case of ties.
(c) Vacancies shall be filled for the remainder of term.
(a) The general administration of the business of the commission shall be as spelled out in this section.
(b) The development bank shall have responsibility for administration of the affairs of the park and the fund, between meetings. This interim management shall continue until there is sufficient economic base to enable the hiring of a full-time manager of the park. The development bank shall execute policy decisions of the commission between meetings, and as guided in subsection (c) of this section.
(c) The development bank shall, without limitation, collect rents, send tenants' notices, preserve property, handle correspondence of all matters needing immediate attention, and such usual matters between meetings that require business judgment ordinarily reposed in a project manager. Copies of all written materials and memoranda of all significant discussions shall be filed as soon as possible with the chairman.
(d) Nonbinding negotiations of business matters may be handled by the development bank between meetings of the commission. However, all contracts, binding business decisions, and matters of policy shall be decided, either in advance or by ratification, by the commission.
(e) The chairman shall schedule meetings, send meeting notices, keep records and minutes of meetings, record all policy decisions and results of hearings, and render consultation to the development bank, as needed. A majority of the commission may always call a meeting or hearing, with 10 days, advance written notice to members and parties concerned.
(a) Any person believing he is aggrieved by any action or inaction of the commission, or representative thereof, may request a hearing and review by the full commission. All actions and decisions of the commission or its representatives shall be deemed final and binding within 10 days of written notice thereof unless such a hearing is requested. Hearings shall be as scheduled by the chairman. Meetings shall be at least quarterly, held on the 2nd Tuesday of the lst month of each quarter and additionally as called by the chairman.
(b) Hearings may be formal or informal. All requests for a hearing will be treated as informal unless the request is specific to request a formal hearing. An informal hearing shall take place, first, before any member of the commission designated by the chairman, who shall obtain the facts and issues in dispute, and report to the full commission. The person in an informal proceeding need not be heard by the full commission unless recommended by the investigating member.
(c) Formal hearings shall not be held with the formality of court proceedings. If any person desires recording or transcription of the proceedings, it shall be their obligation and expense to provide the same. Where a recording or transcript is made, it must be transcribed and a free copy given to the commission within 30 days. If no record is made or stenographic notes taken, the minutes ordered and 'kept by the chairman or his designee are conclusively presumed as an accurate record of all that took place. If a transcript is not provided within 30 days, the commission may determine the matter against the person requesting the recording or stenographic record.
(d) The chairman shall determine, subject to the majority vote of the commission if any member disagrees, the procedures of all hearings and meetings, as closely as possible to the efficient practice of a private business corporation. The chairman shall allow all persons reasonable, but not excessive, time to present their views, question the factual support for decisions, and present their factual data. The chairman shall determine what records of the commission are public and what records relate to confidential and sensitive business matters that are not public records.
(e) Five members of the commission constitute a quorum. A majority of those present with a quorum determine a favorable vote.
The commission shall adopt and amend, from time to time, standards for leases, and such standards shall be available at the office of the chairman for inspection by the public.
The commission shall adopt and amend, from time to time, guidelines for selection of tenants, and such guidelines shall be available at the office of the chairman for inspection by the public.
(a) All decisions shall be made with a view toward the purpose for which the park was developed, which is to provide a fully serviced area in the territory of American Samoa in which prospective manufacturing and related service establishments. Park space will be provided primarily to international firms which are committed to the establishment of manufacturing facilities in American Samoa.
(b) Without setting rigid and inflexible standards, the commission shall seek to devote normally accepted distribution in industrial parks to manufacturing and related service establishments.
(c) The commission desires to cooperate fully with the office of industrial development and the economic development commission. to make a reality of the above goals for American Samoa. Particularly, the commission shall further consider the standards of 27.0207 (b) ASCA and rules thereunder, and the Environmental Quality Act, 24.0101 ASCA et seq.